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Issuance of insurance policy by debiting credit card

This query is : Resolved 
 


Querist : Anonymous (Querist)
25 October 2020

Respected Learned Lawyers,

I most humbly seek your advice in the following matter.

While contacting the customer care of a private bank for the forgotten PIN number, the lady staff after helping me, suggested for taking an insurance policy. As I am already 60+ years old, I was not interested, however, considering my children, with the intention of taking policy I their name, I asked her to throw more details about it to which she replied that a person from the insurance department will call me with further details. As told by her, a person called me over phone and asked for details such as name, age, address and other details etc. I promptly provided the details. Then one fine morning an insurance policy in my name was despactched to my address and I was shocked to note that the insurance premium was deducted from my credit card details without my consent, simply because I have answered their queries and fulfilled the conditions for issuance of policy. In my point of view, it is totally unfair trade practice to debit the amount without swiping the card simply by using the credit card details available with them. For the past two years, the dispute is going on and I raised the following questions to the concerned bank authorities as under :
1) The duty of the customer care person ends after providing the necessary information asked for and how can she go beyond her assigned role insisting / brainwashing the customer yo go for insurance policy ?
2) How can the bank issue the policy without the written consent of the person, or ascertaining the health status, his photo id or address proof or even the signature of the person ?
3) Who gave the authority to use my credit card details to debit the amount ?
The bank authorities did not listen to me and insisting upon payment which I am refusing to pay till date. For an amount of Rs. 30,000/, every month they simply add on penalty, late fee charges, GST, interest etc. and demanding around Rs. 75,000/. Since I am refusing to pay the amount, now the bank authorities have come down for a compromise to pay just Rs. 30,000/
I very strongly feel that the issuance of policy without full consent or the formalities is totally unjustified and that too using the credit card details on their own to debit the amount is unwarranted and it is an unfair trade practice.
Request the learned lawyers to give their views.
Thanks & Regards




Isaac GabrielOnline (Expert)
25 October 2020

1.Report the matter to.Banking Ombugsman.2.Issue notice to Insurance company as to how insurance was made without written proposals and sign.3.Reqest refund of the interest amount collected from the bank.

Rajendra K Goyal Online (Expert)
25 October 2020

You said:
1) The duty of the customer care person ends after providing the necessary information asked for and how can she go beyond her assigned role insisting / brainwashing the customer yo go for insurance policy ?
Reply:
1) Most of their efforts are accepted by the customers just to avoid problems. They take benefit of this / en-cash such opportunity. Their approach is unethical, away from the trade practice etc. Strongly take up with Banking ombudsman. Should not bow before such attitude.

You said:
2) How can the bank issue the policy without the written consent of the person, or ascertaining the health status, his photo id or address proof or even the signature of the person ?
Reply:
2) Bank / insurance company should not proceed in such way.

You said:
3) Who gave the authority to use my credit card details to debit the amount ? The bank authorities did not listen to me and insisting upon payment which I am refusing to pay till date. For an amount of Rs. 30,000/, every month they simply add on penalty, late fee charges, GST, interest etc. and demanding around Rs. 75,000/. Since I am refusing to pay the amount, now the bank authorities have come down for a compromise to pay just Rs. 30,000/ -
Reply:
3.) It is illegal to take such amount through credit card.

Rajendra K Goyal Online (Expert)
25 October 2020

You said:
I very strongly feel that the issuance of policy without full consent or the formalities is totally unjustified and that too using the credit card details on their own to debit the amount is unwarranted and it is an unfair trade practice. Request the learned lawyers to give their views
Reply:
Your thinking is right and justified.

You may lodge complaint with the Police for fraud in the account. Can file case for damages.

Dr J C VashistaOnline (Expert)
26 October 2020

Issue legal notice to concerned Bank as well as insurance company.

Dr J C VashistaOnline (Expert)
26 October 2020

Lodge police complaint for fraud and cheating committed.



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